EXPUNGEMENT AND RECORD SEALING
Expungement & Record Sealing Attorney
Although the terms are often used together, expungement and record sealing are not the same.
Both legal remedies limit public access to your criminal record, but they operate differently under Florida law.
Whether you qualify for either option depends upon several factors, including the outcome of your case, your criminal history, and the specific offense involved.
Understanding the difference is an important first step in determining your eligibility.
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Expungement & Record Sealing Attorney
Having a criminal record can affect employment opportunities, housing applications, professional licensing, educational opportunities, and other important aspects of your life. Even if your case was dismissed or you received a withhold of adjudication, your criminal record may still appear during a background check.
Depending on your circumstances, Florida law may allow you to seal or expunge your criminal record, limiting public access to information about your case.
Attorney Ron Baum has helped individuals throughout Broward County determine whether they qualify for record sealing or expungement and guides clients through the legal process from beginning to end.
What Is the Difference Between Expungement and Record Sealing?
Although the terms are often used together, expungement and record sealing are not the same.
Both legal remedies limit public access to your criminal record, but they operate differently under Florida law.
Whether you qualify for either option depends upon several factors, including the outcome of your case, your criminal history, and the specific offense involved.
Understanding the difference is an important first step in determining your eligibility.
Who May Qualify?
Eligibility for record sealing or expungement depends upon Florida law and the facts of your individual case.
Factors that may affect eligibility include:
- Whether you have previously sealed or expunged a criminal record
- Whether you have ever been convicted of certain criminal offenses
- Whether your case resulted in a dismissal or a withhold of adjudication
- The specific offense involved
- Other eligibility requirements established under Florida law
Because eligibility requirements can be complex, every case should be reviewed individually.
Not Every Offense Qualifies
Florida law does not permit every criminal offense to be sealed or expunged.
Certain offenses—including many violent crimes, sexual offenses, offenses involving children, and other serious criminal charges—may be ineligible regardless of the outcome of the case.
Determining eligibility requires reviewing both the applicable law and the specific facts surrounding your criminal record.
Why Record Sealing or Expungement Matters
A criminal record may continue to appear during background checks even when a case did not result in a conviction.
Depending on your circumstances, sealing or expunging an eligible record may help reduce barriers involving:
- Employment opportunities
- Housing applications
- Professional licensing
- Educational opportunities
- Other situations involving background checks
Every person’s circumstances are different, making it important to determine whether record sealing or expungement is available under Florida law.
Every Case Is Different
Record sealing and expungement are governed by specific legal requirements.
Whether you qualify depends upon your criminal history, the disposition of your case, and the applicable Florida statutes.
Carefully reviewing your record is an important first step in determining whether record sealing or expungement may be available.
Florida Expungement & Record Sealing Laws
Record sealing and expungement are governed primarily by Section 943.0585 (Court-Ordered Criminal History Record Expungement) and Section 943.059 (Court-Ordered Criminal History Record Sealing) of the Florida Statutes.
Florida Statutes – Court-Ordered Criminal History Record Expungement (F.S. 943.0585)
Florida Statutes – Court-Ordered Criminal History Record Sealing (F.S. 943.059)
What is the difference between record sealing and expungement?
Record sealing and expungement both limit public access to criminal records, but they operate differently under Florida law. Whether one option is available depends upon the facts of your case and your eligibility under Florida law.
Who qualifies for expungement or record sealing?
Eligibility depends upon several factors, including the outcome of your criminal case, your criminal history, whether you have previously sealed or expunged a record, and the specific offense involved. Every case should be evaluated individually.
Can every criminal record be sealed or expunged?
No. Florida law identifies certain offenses that are not eligible for record sealing or expungement. Eligibility depends upon both the offense and the disposition of the case.
Will employers still be able to see my record?
Depending on whether your record has been sealed or expunged and the type of background check involved, public access to your criminal record may be significantly limited. Certain government agencies and other entities authorized by law may still have access in specific situations.
Can I legally deny my arrest after my record is sealed or expunged?
Florida law permits individuals to lawfully deny or fail to acknowledge certain sealed or expunged records in many situations. However, there are important exceptions established by law where disclosure is still required.
How long does the process take?
The time required varies depending upon the circumstances of the case, the application process, and court scheduling. Every case proceeds on its own timeline.
Work Directly With Attorney Ron Baum
If you are facing criminal charges or have questions about your legal rights, obtaining experienced legal guidance early can make an important difference.
For more than 30 years, Attorney Ron Baum has worked directly with clients throughout Broward County, explaining the legal process, carefully reviewing the facts of each case, and developing a defense strategy based on each client’s individual circumstances.
Attorney Ron Baum offers free consultations and is available to discuss your case, answer your questions, and explain your legal options.
FREE CONSULTATION
Being arrested or charged with a crime can be overwhelming. Understanding your options early can make a significant difference in the outcome of your case.